Public Offer to Enter into a
Creator Royalty Agreement
Date of Offer: 21 January 2026
This Public Offer (the "Offer") is made by S.MARTY Publishers Limited (the "Company") and addressed to any creator, artist, photographer or other rights holder (the "Creator") wishing to license artwork, photographs or other visual content for reproduction on any merchandise, including postcards, produced by the Company.
The Company may commence using the rights and producing the merchandise immediately upon receipt of the submitted Work at contact@smartypublishers.com, as submission constitutes irrevocable acceptance of this Offer in full, forming a binding Creator Royalty Agreement (the "Agreement") between the Creator and the Company for the submitted Work(s).
This Agreement is governed by the laws of England and Wales.
1. Grant of Rights
1.1 The Creator grants the Company a non-exclusive, worldwide, royalty-bearing licence to reproduce the submitted Work on any merchandise (including postcards) in strictly limited editions of maximum 1,000 units per product type/SKU.
1.2 The licence is granted solely for the purpose of producing and selling the merchandise in limited editions. The Company may exercise these rights immediately upon receipt of the submission.
2. Exclusivity
2.1 During the active sales cycle of each edition (from the release date until complete sell-out of the edition or maximum 24 months from release, whichever is sooner), the Creator agrees not to license, sell or otherwise authorise any third party to use the same Work (or substantially similar Work) for the production of similar merchandise.
2.2 After the exclusivity period ends, the Creator is free to license or use the Work as they wish.
3. Submission of Work
3.1 All Works must be submitted by email to contact@smartypublishers.com.
3.2 Submission of the Work to the above email address constitutes full acceptance of this Offer and formation of the Agreement for that specific Work. The Company may commence production and use of the Work immediately upon receipt.
3.3 The Company may request additional information or clarification if needed, but acceptance and right to use occur upon receipt of the submission.
4. Retail Pricing and Royalty
4.1 The Company shall determine and set the retail price for each item of merchandise featuring the Work.
4.2 The Creator is entitled to 5% of net revenue (retail price minus VAT and any direct transaction fees such as payment gateway commissions) from every sold item featuring the Work.
4.3 No production costs, setup fees, printing costs or other deductions are taken from the Creator’s royalty.
5. Payment and Reporting
5.1 Royalties are calculated and paid in full within 30 days after the complete sell-out of the edition (or within 30 days after the maximum 24-month exclusivity period ends if the edition has not sold out).
5.2 Minimum payout threshold: €50. Smaller amounts roll over to the next payment cycle.
5.3 With every payment, the Creator receives a detailed sales report showing units sold, retail prices, net revenue calculation and royalty amount.
6. Intellectual Property and Warranties
6.1 The Creator warrants that they own or control all rights in the Work, that the Work does not infringe any third-party rights, and that they have full authority to grant the licence under this Agreement.
6.2 The Company shall have no obligation to verify the Creator’s ownership or rights in the Work.
6.3 The Creator shall indemnify the Company against any claims, losses or liabilities arising from any breach of the warranties in clause 6.1.
7. Term and Termination
7.1 The Agreement applies to each submitted and accepted Work separately and continues until the end of the exclusivity period for that edition.
7.2 Either party may terminate the Agreement for material breach with 30 days’ written notice.
8. Governing Law and Jurisdiction
8.1 This Agreement is governed by the laws of England and Wales.
8.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
9. Miscellaneous
9.1 This Offer constitutes the entire agreement between the parties for each Work.
9.2 The Company may amend this Offer by publishing an updated version on its website; continued submission of new Works after publication constitutes acceptance of the amended terms.
S.MARTY PUBLISHERS LTD
128 City Road, London, EC1V 2NX, United Kingdom
Company Number: 15786481